In the white-collar sector and management level employment, employees rarely raise demand for overtime payment, even though as per Indian employment laws, they are legally entitled to remuneration. However, if no overtime policy is made by the employer, it leaves a chance of unwanted employment disputes in the future.
Is overtime mandatory in India?
Contract Labour (Regulation & Abolition) Act, 1970
As per Rule 79 of the Act, it is compulsory for every contractor to maintain a Register of Overtime in Form XXIII which will contain all details relating to overtime calculation, hours of extra work, name of employee, etc.
Is it illegal to work unpaid overtime?
While employers may be concerned by the recent naming and shaming, unless the employee’s contract entitles them to be paid for overtime, unpaid overtime is not illegal. In fact, in many cases, working after hours or through lunch breaks comes with the territory.
Can you legally say no to overtime?
Under the modern awards and the Fair Work Act 2009, employers can request that employees work “reasonable overtime”. If a request for reasonable overtime made by the employer to the employee is refused, it could have consequences for the employee.
Is overtime optional or mandatory?
Mandatory overtime law differs a little in California from the federal law. In most cases, mandatory overtime is not prohibited under California law. However, overtime pay does differ. Under FLSA, employees are required to be paid time and a half for every hour they work over the standard 40-hour workweek.
Who is not eligible for overtime pay in India?
Section 51 and Section 59 of the Factories Act – 1948 states, “No employee is supposed to work for more than 48 hours in a week and 9 hours in a day. Any employee who works for more than this period is eligible for overtime remuneration prescribed as twice the amount of ordinary wages.”
Is overtime exempt from super?
Ordinary time earnings (OTE) is the amount your employees earn for their ordinary hours of work. … Overtime is generally excluded from super payment calculations because it falls outside of OTE.
Who is exempt from overtime pay?
The Fair Labor Standards Act (FLSA) states that employees employed as “bona fide executive, administrative, professional and outside sales employees” and “certain computer employees” may be considered exempt from both minimum wage and overtime pay. These are sometimes called “white collar” exemptions.
How do I decline an overtime request?
But if you want to offer a partial solution you could try: “I could do a portion of the shift from this time to this time if that is helpful.”
If you feel compelled to say something beyond “No” try:
- “No. Sorry.”
- “No. Thanks for asking me.”
- “No. Please keep me in mind for future open shifts.”
- “Sorry, I am not available.”
Can my employer force overtime?
Under the Fair Work Act’s (FW Act’s) National Employment Standards (NES), an employer can request employees to work reasonable overtime hours paid at the normal rate. However, the employee has a right to refuse to work the additional hours if they are unreasonable.